EASEMENT DEFINITIONS
EASEMENT DEFINITIONS
An easement is the right of use over the real property of another. definition of easement Historically it was limited to the right of way and rights over flowing waters. Traditionally it was a right that could only attach to an adjacent land and was for the benefit of all, not a specific person. The right is often described as the right to use the land of another for a special purpose. It is distinguished property easement from a license that easement by prescription new york only gives one a personal privilege to do something on the land of another usually the permission to pass over the property without creating a trespass.
Typically, an easement is composed of two tenements easement and foreclose and california (types of land). There is the dominant tenement which is the plot of land to which the benefit an appurtenant non exclusive easement easement is attached. Second, there is the subservient tenement which is the plot of land which bears the burden of the easement.
Easements may be considered public or private. A private easement is limited to a specific individual such as the owner of an adjoining land. A public easement is one that grants the right to a large group of individuals or to the public in general, such as the easement on public streets and highways or of the right to navigate a river. An appurtenant easement is one that belongs to the owner of the land that benefits from the easement, as compared to other easements (easements in gross) that do not power line easement attorneys require ownership to obtain the use.
An easement may be implied or express. An maryland easement by necessity express easement is typically included in road easement law a document such as a deed or other officially recorded grant, or incorporated by reference to a subdivision plan, or restictive covenants in an association agreement.
Note that in US, in accordance with the 5th amendment, a property pennsylvania easement not described cannot simply be taken los angeles county road easement as an easement from a property owner. Instead, they must be compensated for their loss.
Examples of easements
Easements trespass on an easement include:
•Aviation easement. The right to use the airspace above a specified altitude for aviation purposes. Also known as avigation easement, where needed for low-altitude spraying of adjacent agricultural property.
•Railroad easement.
•Utility easements including:
oStorm drain easements. These carry rainwater to a river or other body of water.
oSanitary sewer easements. These carry used water to a sewage treatment plant.
oElectrical power line easements.
oTelephone line easements.
oFuel gas pipe easements.
•Sidewalk easements. Usually sidewalks montana road easement are in the public right-of-way, but sometimes they are on the lot.
•Solar easements. Prevents someone from blocking the sunlight.
•View easements. Prevents deed of easement someone from blocking the view of the easement owner, or permits the owner to cut the blocking vegetation on the land of another.
•Driveway easements, also known as easement of access. A few lots do not border a road, so an easement through another lot must be provided for access. slope easement Sometimes adjacent lots have "mutual" driveways that both lot owners share to access garages in the backyard. The houses are so close together that there can only be a single driveway to both backyards. The same can also be the case for walkways to the backyard: the houses are so close together that there is only a single walkway between the houses and the walkway is shared. Even when the walkway is wide enough, easements may exist to allow for access to the roof and other parts of the house close to a lot boundary. butterfly easement easement form To avoid disputes, such easements should be recorded in each property deed.
•Beach access. Some jurisdictions permit residents conservation easement to access a public lake or beach by crossing adjacent private property. Similarly, there may be a private easement to cross a private lake to reach a remote private property, or an easement to cross private property during high tide to reach remote beach property on foot.
•Dead end easement. Sets aside a path for pedestrians on a dead-end street to access the next public way. Could be contained in covenants of a homeowner association, notes in a subdivision plan, or directly in the deeds of the affected properties.
•Recreational easements. Some U.S. states offer tax incentives to larger landowners if they grant permission to the public to use their undeveloped land utility easement for recreational use (not including motorized vehicles). If the landowner posts the land (i.e., "No Trespassing") or prevents the public from using the easement, the tax abatement is revoked and a penalty may be assessed.
•Conservation easements. Grants rights to a land trust to limit development in order to protect the environment.
Trespass upon easement
Blocking access to someone who has an easement is a trespass easement by prescriptive implication new york state upon the right of easement and creates a cause of action for civil suit. For example, putting up a fence across a long-used public path through private drainage easement and illinois law property may be a trespass and a court may order the obstacle removed. Turning off the water supply to rights of easement a downhill neighbor moving an easement may similarly easement laws of california,fresno co. trespass on the neighbor's granting easement rights to third parties water california easement easement.
Open and continuous trespassing upon an easement can lead to the extinguishment of an easement by prescription (see below), if no action is taken to cure the limitation over an extended period.
Easement by necessity
Similarly, parcels without access to a public way may have a easement of access over adjacent land, if crossing that land is absolutely necessary to reach the landlocked parcel. There is an implied easement arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to a road, or to a source of water). This easement is extinguished upon termination of the necessity (like if a new public road is built adjacent to the landlocked tenement). An easement by necessity is distinguished from an easement by implication in that the former easement arises only when "strictly necessary," whereas the latter can arise when "reasonably necessary."
However, easement case law the landlocked corridor easement valuation owner might be required to obtain a license for a new commercial use or to cause damage during access (e.g., a missouri easement laws logging road or blazed trails). Some states, also, look disfavorably on granting easements easement by necessity when the need was created by the owner's own actions, say, by selling off plots of land resulting in a landlocked parcel.
Some U.S. state easement agreement statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property.
Restrictive Easement
A restrictive easement is a condition placed on land by its owner or by government that in some way limits its use, usually regarding the types of structures which may be built there or what may be done with the ground itself. For instance, prescriptive easement if a leased piece of land is not precluded by zoning laws (probably because it is not in a township) from having people inhabit it, and the government feels that for some reason living there would be especially unsafe, it may place a restrictive easement on the property compensation for gas transmission montana conservation easement line easement easement law stating that no one may live there. Restrictive easements are also easement by prescription frequently placed on wetlands (i.e., a conservation easement) to prevent them from being destroyed legal cable damage easement by development.
Another type of restrictive easement is an historic preservation easement in which the owner of an historic structure agrees not to change specified historic elements of the facade. This has come under fire recently as property owners were claiming tax breaks for donating historic easements to charitable institutions, where the buildings were located in historic districts arkansas easement law and changes were already strictly limited (i.e., the donation was worthless).
Easement by Prescription
Easements by prescription, also called prescriptive easements, are implied easements that give adverse possession easement rights. They are a type of implied easements in that they arise even though they are not expressly created or recorded but unlike other implied easements, prescriptive easements are hostile (i.e., without the consent of the true property owner). Prescriptive easements do not convey the title to the property in question, only the right to utilize the property for a particular purpose. They often require less strict requirements of proof than fee simple adverse possession.
Once preparing grant and assignment of right to use easement an easement they become legally binding, easements by prescription hold the same legal weight as written or implied easements. private service and utility easement and california Before shared driveway easement they become binding, they hold no legal weight and are broken if true property owner acts to defend his ownership rights. Easement by prescription is typically found in legal systems based on common law, although other legal systems may also allow easement by prescription.
Laws and regulations vary among local and national governments, but some traits are common to most prescription laws. Generally, the use must be open (i.e. obvious to anyone), actual, continuous (i.e., uninterrupted for the entire required time period), and adverse to the rights of the true property owner. The use also generally must be hostile and notorious (i.e., known to others). Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity.
The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (usually based on the the statute of limitations on trespass). Generally, if the true property owner acts to defend his property rights at any time during the required time period the hostile use will end, claims on adverse possesion rights are voided, and the continuous assignment of appurtenant easement use time period resets easement deed to zero.
In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become an regular or implied easement adverse easement texas rather than a prescriptive easement and immediately becomes binding. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining a prescriptive easement.
Government owned property held for common use is generally immune from prescriptive easement in most cases, but some other types of government owned encroachment on easement agreement property may be subject can i move an easement in missouri to prescription in certain instances.
Prescription may also be used to end an existing legal easement. land rights and pipeline easement and houston For example, if a subservient tenement holder would erect a fence blocking a legally deeded right of way easement, the dominant tenant would have to act to defend his easement rights during the statutory period or the easement may cease to have legal force, even though it remains a deeded document.
Right of way for access is among most common easement by prescription.
Easement in gross
An easement that is attached to an individual person or legal entity rather than a parcel of real estate served by the easement. This easement can be personal (like an easement is it legal for a mobile home community to use an easement to use one's boat ramp) or commercial (like egress easement agreement forms an easement given to a railway company to build and maintain a rail line across one's property) in nature. In earlier times easements in gross were considered neither assignable nor inheritable, but today, most courts hold that commercially-oriented easements in fee are freely alienable. See also Profit-a-Prendre.
Torrens title registration
Under the Torrens title registration system of land ownership registration, easements and mortgages are recorded on the titles kept in the easement forms central Land Title Registry. Any unrecorded easement is extinguished and no easement by prescription or implication may be claimed
Easement Definitions
Friday, July 24, 2009